Application/Dissolution of Community Property Law

[hstreet37]

Married on 11-02-1962. While living in California, on or about 05-12-1999, spouse asked me to vacate our home. I did. On or about 07-01-2000, my spouse moved to Oregon where she still resides. I am a retired federal government employee, having retired on or about 12-03-1990. We have never filed for divorce, nor legal separation. To date, I continue to give her 50+% of my annuity each month. Oregon is not a community property state. I continue to reside in California. Under these circumstances, is my pension still considered as community property, legally requiring me to continue to give her a portion of my pension?

 

[irish223]

Without a court order, I'm not sure that you had to provide any support after she moved to Oregon.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4300-4303

4300. Subject to this division, a person shall support the person's
spouse.

4301. Subject to Section 914, a person shall support the person's
spouse while they are living together out of the separate property of
the person when there is no community property or quasi-community
property.

4302. A person is not liable for support of the person's spouse
when the person is living separate from the spouse by agreement
unless support is stipulated in the agreement.

Someone else may weigh in with clarification, but you should probably speak with an attorney to determine your obligations.